The Oriental Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Sk. Kalim Hussain Sab And ORS

933ca2880-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15396 OF 2017 IN FAST/40837/2017 WITH CIVIL APPLICATION NO. 15397 OF 2017 IN FAST/40837/2017 THE ORIENTAL INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

SK. KALIM HUSSAIN SAB AND ORS ...

Mr. Deshpande Dhananjay P., Advocate for Applicant/Insurance Company Mr. Taher Ali Quadri, Advocate for the non Applicant/claimants. WITH 933 CIVIL APPLICATION NO. 2880 OF 2024 IN FAST/40837/2017

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 18th April, 2024 ORDER:

1.

Heard both sides at length.

2.

For the reasons set out in the application, the delay of 46 days caused in lodging the appeal against the judgment and order dated 28.06.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nanded in MACP No. 328 of 2014 is hereby condoned. Civil Application No.15396 of 2017 is accordingly disposed off. No order as to costs.

3.

Civil Application No. 2880 of 2024 filed by the claimants for withdrawal of amount and Civil Application No. 15397 of 1997 filed

933ca2880-24 by the appellant Insurance company for Stay to the award shall be considered at the time of admission of the appeal. 4.

In order dated 14.3.2024 passed in Civil Application No 2880 of 2024, it has been wrongly observed on the basis of the statement made by the learned counsel for appellant Insurance Company that this office already received the record and proceedings. The said statement is hereby withdrawn because the office verified about receipt of the record and proceedings and realized that no such record and proceedings received till date.

( Y. G. KHOBRAGADE, J. ) JPChavan